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Leave Earned in Two Part-Time Positions

Under the Family and Medical Leave Act of 1993 (FMLA), a covered employee is entitled to use a total of 12 administrative workweeks of unpaid leave (leave without pay) during any 12-month period for certain family and medical needs. For a part-time employee, the 12 administrative workweeks of unpaid leave is calculated on an hourly basis and equals 12 times the average number of hours in the employee's regularly scheduled administrative workweek. An employee working two part-time positions may use only the amount of FMLA leave earned in each part-time position for absences from that position.

A part-time employee earns annual leave and sick leave on a pro-rata basis. (See 5 CFR 630.303 and 630.406.) Therefore, an employee who works concurrently in two part-time Federal positions earns annual and sick leave on a pro-rata basis for the hours worked in each part-time position. In addition, only the leave earned in a given part-time position may be used for absences from that position.

For example, if an employee who works 4 hours a day/20 hours a week in the first part-time position and 4 hours a day/20 hours a week in the second position is ill for 1 workday, he or she should be charged 4 hours of sick leave in the first part-time position and 4 hours of sick leave in the second part-time position.

Military leave is available to full-time and "part-time career" (PTC) employees only. Normally, PTC employees must work between 16 and 32 hours per workweek (5 U.S.C. 3401(2)). When an employee works two PTC positions, the amount of military leave that may be credited in each PTC position is in direct proportion to the number of hours scheduled for duty in each PTC position, not to exceed in the aggregate 15 days of military leave each fiscal year. However, military leave credited to one PTC position cannot be used for hours of absence from a second PTC position.

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